Posted On: July 22, 2008 by Greenberg & Rudman

DOES MY EMPLOYER HAVE TO REASONABLY ACCOMMODATE MY DISABILITY?

Do you have a disability? Your employer must work with you, the employee, to reasonably accommodate you and your disability. In a recent employment disability case against Wal Mart, the court found that it is the responsibility of the employer to participate in an “interactive process” and to work with a disabled employee to determine whether the employee’s disability can be reasonably accommodated. Since the exact definition of "interactive process" was not given by the court, an experienced Southern California employment lawyer can assist you in determining whether your employer has engaged in this process to accommodate your disability.

Your disability could be physical (obesity, deafness, or diabetes to name a few) and/or mental (such as depression, Bipolar Disorder, or ADHD). You can find a partial list of recognized disabilities here. And though it is generally your responsibility as the employee to inform your employer that an accommodation for your disability is needed, if your employer is conscious of or perceives a disability he might be obligated to provide reasonable accommodations for that known or perceived impairment.

Both California and Federal law protect you if you are disabled. If you live in California and are suffering from an acknowledged disability but your employer is not working with you to provide reasonable on-site accommodations for your disability, call the informed employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment attorneys may be able to help you. We are here to help you.